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Home » Public service misconduct register
Labour Law

Public servants can no longer resign their way out of misconduct proceedings

New regulations establish a central register of public servants dismissed for misconduct or who resign while facing disciplinary action. Institutions are now required to check this register during recruitment.
Kennedy MudzuliBy Kennedy MudzuliNovember 8, 2026Updated:November 8, 2026No Comments
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Inkosi Mzamo Buthelezi, Minister for the Public Service and Administration.
Inkosi Mzamo Buthelezi, Minister for the Public Service and Administration, has published the Public Administration Management Regulations for the Central Register, 2026.
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  • The register will include public servants who are dismissed for misconduct, as well as those who resign after disciplinary proceedings have begun or after being charged.
  • Heads of institutions will have to submit employee and disciplinary information within 30 days of a dismissal or resignation.
  • When recruiting, public institutions must check the register and take any relevant misconduct records into account when assessing shortlisted candidates.

Public servants who resign after being charged with misconduct will still have their details entered in the new government register. This is according to regulations published by the Minister for the Public Service and Administration, Inkosi Mzamo Buthelezi.

The Public Administration Management Regulations for the Central Register, 2026, were published as Government Notice R. 8117 in Government Gazette No. 55642 on 30 October 2026. These regulations were made under the Public Administration Management Act 11 of 2014 and apply to all of public administration.

The register is designed to disclose information about former public administration employees who were dismissed for misconduct, resigned after disciplinary proceedings had started, or were charged with misconduct but resigned before the proceedings were concluded or formally started.

The regulations make it clear that disciplinary proceedings are considered to have started as soon as an employee is charged with misconduct. This means an employee cannot avoid being listed in the register just by resigning before formal disciplinary proceedings begin.

Institutions must submit records within 30 days

The head of each institution must make sure that information about an employee is entered into the register within 30 days of their dismissal or resignation.

The information that must be submitted includes the employee’s full name, identity number, staff or personnel number, position held and the date of dismissal or resignation. Institutions must also record details of the misconduct charges and, if the employee was found guilty, the sanction that was imposed.

If an employee resigns before disciplinary proceedings are concluded or formally started, the institution must record the details of the misconduct charges.

Heads of institutions must also keep records of all disciplinary cases, including appeals, report disciplinary cases to the relevant Unit in the required format, update the register and monitor compliance with the timeframes for wrapping up disciplinary proceedings.

Register becomes part of recruitment process

The regulations now make it compulsory for institutions to check the central register when recruiting employees. Every shortlisted candidate must be checked to see whether their name appears on the register and whether they were dismissed for misconduct, resigned after disciplinary proceedings began or resigned after being charged with misconduct.

Institutions must also check whether any other law prevents the candidate from being reappointed, whether the information in their application is correct, and whether an executive authority is legally required to continue disciplinary proceedings if the candidate is appointed.

If a shortlisted candidate is found on the register, the employing institution must request more information from the institution where the misconduct took place and where the disciplinary proceedings were concluded.

The selection panel and appointing authority must consider all the information gathered when deciding if the candidate is suitable for appointment.

Regulations await commencement date

Although the regulations were published on 30 October 2026, they do not take effect automatically. The regulations will come into operation on a date determined by the Minister, who will announce it in the Government Gazette.

This means the register will only become operational after the Minister has issued the required commencement notice.

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Labour law Misconduct Public Administration public service
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Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

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